Vivek Kumar @ Chandan Jaiswal @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1911 of 2019 Arising Out of PS. Case No.-451 Year-2018 Thana- MAHUA District- Vaishali ====================================================== VIVEK KUMAR @ CHANDAN JAISWAL @ CHANDAN KUMAR S/o Arvind Kumar @ Arvind Chaudhary R/o Village- Kanhauli, P.S.- Mahua, District- Vaishali ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Tej Narayan Singh For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 14-05-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.
The appellant seeks pre-arrest bail in connection with Mahua P.S. Case No. 451 of 2018 registered under Sections 341, 323, 307, 302/34 of the Indian Penal Code and Section 3(i) (r), 3(i)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellant is that the appellant has no criminal antecedent. He is innocent and has falsely been implicated in the present case due to dirty village politics. Both the parties are co-villagers. Further submission is that on perusal of the Postmortem Report, no any injury is found on the body of the deceased.
Patna High Court CR. APP (SJ) No.1911 of 2019 dt.14-05-2019 2/2 Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Hajipur, Vaishali in connection with Mahua P.S. Case No. 451 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.
Accordingly, the appeal is allowed and the impugned order is set aside.
(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date